MANOJ MISRA,J. - (1.) Heard learned counsel for the defendant-revisionist.
(2.) The instant revision application has been filed under section 25 of Provincial Small Causes Court Act, 1887 challenging judgement and decree dated 30.11.2016/13.12.2016 passed by Judge Small Causes Court, Saharanpur in SCC Suit No. 13 of 2007 by which plaintiffs respondents suit for arrears of rent and possession after evicting the revisionist has been decreed.
(3.) A perusal of the record would go to show that the plaintiffs respondents had instituted suit on two grounds. First was that the defendant had been a defaulter in payment of rent at the rate of Rs. 500/- per month since 27.8.1999 and that despite service of notice dated 28.2.2007 terminating tenancy, the defendant had not vacated the premises. The second ground was that the defendant had made material alteration in the accommodation in dispute. The suit was contested by claiming that the defendant had been tenant at the rate of Rs. 150/- per month and not Rs. 500/- per month as alleged by the plaintiffs. Further, the rent was tendered by the defendant and as the same was not accepted, it was deposited under section 30(1) of U.P. Act No. 1972. As regards allegation of material alteration, there had been a denial.;